The use of digital tools and the implementation of remote work makes it difficult for some persons to separate the end of the working day with the beginning of rest time. This situation increased during the pandemic and as a measure in different countries, digital disconnection from work is being addressed.   

We invited Natalia Araque and José María Gamboa from STT´s legal area and they tells us what is the right of digital disconnection, its exceptions, who should guarantee it and what to do in case of non-compliance.

The right of digital disconnection from work aims to ensure that workers effectively enjoy their rest time, leave and vacations outside working hours. However, the entrepreneur has the right to send an email when it deems it timely, but the worker has the right to answer it until the working time begins.  Also, it works as a measure of prevention of occupational risks, since not disconnecting from work leads to suffer stress and anxiety.  

In Latin America we find countries like Chile, Argentina, Colombia, and Dominican Republic which already have regulations on this subject. In Costa Rica there was a telework law that was later amended. In the case of Puerto Rico and Mexico these are still bills. However, in countries where there is no specific regulation it can be classified as extraordinary work and must be paid as overtime as established by the Labor Code.

To whom does the right to digital disconnection apply?

It applies to all persona who have an employment contract, with a few exceptions: those that have management positions, those that due to the nature of the work have permanent availability, call it   relief groups, armed forces, etc; and in situations of force majeure of fortuitous event.

What options does a worker have in the event that their employer fails to comply with the Work Disconnection Act?

In this case, the worker who considers its right to disconnect from work violated, is initially recommended to inform the Human Resources area or the respective Management according to the company´s organizational chart, and if it continues go to the Ministry of Labor with evidence.

Who is responsible for guaranteeing and protecting this right?

The entrepreneur not only has to respect the right to digital disconnection but also guarantee its effective exercise through the elaboration of the company´s internal policy. This implies that workers who do not attend or respond to company communications outside their working hours or during their holidays cannot be sanctioned or dismissed.   

Benefits of digital disconnection

• Decrease on absenteeism and turnover.
• Se fomenta la salud y seguridad de los colaboradores.
• Health and safety of employees is promoted.
• Increases a sense of belonging in employees.
• Increases the company´s reputation.
• Relationships and communication channels improve between managers and their teams.
• By increasing well-being of employees there is a favorable impact of productivity.

Paola Urrutia

Regional Community Manager